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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield Melbourne

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
ACCC 2020-09-29 7:03 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
ACCC 2020-09-29 4:51 pm By Miklos Bolza Sydney

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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‘From bad to worse’: Lawsuit accuses Aldi of refusing to pay for pre-work duties
Employment 2020-09-29 3:56 pm By Cat Fredenburgh Melbourne

A union representing retail employees has taken discount supermarket chain Aldi to court for allegedly refusing to pay employees at one of its distribution centres for pre-shift work, saying Aldi had gone “from bad to worse” after also denying workers a pay rise.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza Sydney

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
7-Eleven 2020-09-29 2:47 pm By Miklos Bolza Sydney

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Facebook tries again to dodge privacy lawsuit in Australia
Clarissa Amato 2020-09-29 1:04 pm By Cat Fredenburgh Melbourne

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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Ardent Leisure hit with $3.6M fine over Dreamworld deaths
Employment 2020-09-28 10:19 pm By Cat Fredenburgh Melbourne

A judge has fined Ardent Leisure $3.6 million after the operator of the Dreamworld theme park pleaded guilty to three charges stemming from the 2016 deaths of four people on the park’s now demolished Thunder River Rapids ride.

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Court challenge still on despite Victoria’s decision to lift curfew
Coronavirus 2020-09-28 8:03 pm By Miklos Bolza Sydney

A case by restaurant owner and Liberal Party member Michelle Loielo challenging Victoria’s COVID-19 curfew is continuing despite an announcement by the Andrews government scrapping the curfew on Sunday night.

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Designer hit with indemnity costs for bikini trade mark suit that ‘cried out to be settled’
Actuate Legal 2020-09-28 4:21 pm By Christine Caulfield Melbourne

Women’s fashion designer Pinnacle Runway must pay indemnity costs for pursuing what a judge has described as an “ill-advised” trade mark infringement lawsuit against a rival that “cried out to be settled”.

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